What if I have received notice of a class action that is pending?

People involved a class action will generally receive a notice that they are a potential class member in a pending class action.

These class members usually do not need to do anything to “join” the class. Sometimes, a notice may require a potential class member to file a claim form to “opt in” to the class. It is more likely, however, that you are automatically a member of the class unless you “opt out.” If you wish to exclude yourself from the class, the notice provides information on how you can opt out of the class action.

People who are a member of the class will not incur any out-of-pocket legal fees or expenses by remaining in a class action. The attorney works on a contingency basis and is paid from the proceeds of any settlement or judgment should the class action prevail. You will share in any such settlement or judgment simply by participating in the class action, and you will also be bound by the results of the litigation.

What if you do not receive notice of a class action?

There are literally thousands of class actions pending in the United States against a variety of companies, but many potential class members are not aware that they may be entitled to money or some other type of compensation. It is quite possible that you may be an absent class member without ever receiving any type of notice. As a result, you may not be able to share in any recovery because the class administrator does not know that you exist.

Many class actions are published in the legal notices section of the newspaper, or are broadcast on the radio and television or are available on the internet. It is important to recognize when a class action that affects you are proceeding so you do not fore go your fair share of a class action settlement or judgment in which you were entitled to participate.

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